This chapter shall be Chapter
180 of the Code of the Town of Grand Island and may be cited as the "Historic Preservation Law of the Town of Grand Island."
In accordance with § 96-a of the General Municipal
Law of the State of New York entitled "Protection of Historical Places,
Buildings, and Works of Art," and Article 5-k of the General Municipal
Law of the State of New York entitled "Historic Preservation," the
Town Board of the Town of Grand Island has authority to provide by
local law, regulations, special conditions and restrictions for the
protection, enhancement, perpetuation, and the use of places, districts,
buildings, structures, works of art, and other objects having special
character or special historical or other aesthetic interest or value.
Pursuant to the aforesaid authority, the Town Board prepared and adopted
this chapter setting forth standards to be followed in historic preservation.
It is hereby declared as a matter of public policy that the
protection, enhancement, and perpetuation of landmarks and historic
districts is necessary to promote the economic, cultural, educational,
and general welfare of the public. Inasmuch as the identity of a people
is founded in its past, and inasmuch as Grand Island has many significant
historic, architectural and cultural resources which constitute its
heritage, this act is intended to:
A. Protect and enhance the landmarks and historic districts which represent
distinctive elements of Grand Island's historic, architectural, and
cultural heritage;
B. Foster civic pride in the accomplishments of the past;
C. Protect and enhance Grand Island's attractiveness to visitors and
support and stimulate the Town's economy; and
D. Insure the harmonious, orderly, and efficient growth and development
of the Town.
The following terms and phrases shall mean and include:
ADAPTIVE REUSE
Conversion of a building originally designed for a certain
purpose to a different purpose, or relocation of a building from the
original site of construction.
ALTER
To change one or more significant exterior architectural
feature(s) of a landmark, an improvement on a landmark or a structure
within an historic district.
BUILDING
Any structure or part thereof having a roof supported by
columns or walls for the shelter or enclosure of persons or property.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Town Board upon the recommendation
of the Historic Preservation Advisory Board approving plans for alteration,
construction, relocation, removal, or demolition of a landmark, an
improvement to a landmark, or a structure within an historic district.
CONSTRUCTION
Building an addition or making an alteration to an existing
structure or building a new principal or accessory structure.
DEMOLITION
Destruction of a building, structure, or improvement.
EXTERIOR
Architectural style, design, general arrangement, and components
of the outer surfaces of an improvement, building or structure, including
but not limited to the kind and texture of building material and the
type and style of windows, doors, signs, and other such exterior fixtures,
and as distinguished from the interior surfaces.
FACADE
The exterior of a building or structure that can be viewed.
HISTORIC DISTRICT
A geographically definable area so designated pursuant to
this Code.
IMPROVEMENT
Any building, structure, place, parking facility, fence,
gate, wall, work of art, or other object constituting a physical betterment,
or any part thereof.
LANDMARK
Property, object, structure, or natural feature of any part
thereof so designated pursuant to this Code.
OWNER
A person, firm, or corporation which owns the fee of property
or a lessor state therein, a mortgagee or vendee in possession, a
receiver, an administrator, an executor, a trustee or any other person,
firm, or corporation in control of property.
PRESERVATION
Retention of essential character of an improvement, object,
building, natural feature, or structure as embodied in its existing
form, integrity, and material. This term includes the retention of
trees, landscaping, and vegetative cover of a landmark or historic
district. This term may include temporary stabilization work as well
as ongoing maintenance of historic building materials.
RECONSTRUCTION
Reproduction of the exact form and detail of a vanished building,
structure, improvement, or part thereof as it appeared at a specific
time.
REHABILITATION
Repair or alteration that enables buildings, structures or
improvements to be efficiently utilized while preserving those features
of buildings, structures or improvements that are significant to their
historic, architectural or cultural values.
RESTORATION
Recovery of the form and details of a building, structure
or improvement and its site during a particular time.
SITE
A plot or parcel of land.
STRUCTURE
Anything constructed or erected which requires permanent
or temporary location on the ground. This term shall include but not
be limited to buildings, walls, fences, signs, billboards, lighting
fixtures, screen enclosures, and works of art.
TOWN
The Town of Grand Island, County of Erie, State of New York.
TOWN BOARD
The Town Board of the Town of Grand Island, County of Erie,
State of New York.
[Amended 6-4-2020 by L.L. No. 3-2020]
A. There is hereby created a volunteer advisory board to be known as
the "Town of Grand Island Historic Preservation Advisory Board."
B. The Advisory Board shall consist of seven members and up to two alternate members. The Town of Grand Island shall be the primary residence of each Advisory Board member. Advisory Board members (except for the alternate, Town Historian, and Historical Society members referenced in §
180-5E below) shall serve a term of four years.
C. Up to two alternate members shall each serve a term of two years
and be subject to the following provisions:
(1) If a regular member of the Advisory Board is absent or unable to
participate on a matter before the Advisory Board, the Chairman shall
designate an alternate member to serve in that member's place. Such
designation shall be reflected in the minutes of the meeting(s) at
which the substitution is made.
(2) When an alternate member is designated to serve, he or she shall
serve with the same powers and responsibilities of a regular member
of the Advisory Board.
(3) Alternate members shall regularly attend the scheduled meetings of
the Historic Preservation Advisory Board in order to ensure that,
should the need arise for an alternate to be designated, such alternates
are familiar with actions before the Advisory Board.
(4) Alternate members shall serve without compensation.
(5) All provisions related to eligibility, vacancy, removal, and other
provisions of state or local law applicable to regular members of
the Advisory Board shall be equally applicable to alternate members.
D. Appointment of Advisory Board members and up to two alternate members
shall be made by the Town Board.
E. To the extent available in the Town of Grand Island, the Advisory
Board should consist of the following:
(1) All members shall have a known interest in, and shall have demonstrated
significant interest and commitment to, the field of historic preservation,
evidenced either by involvement in a local historic preservation group,
employment or volunteer activity in the field of historic preservation,
or other serious interest in the field.
(2) At least one member shall be the Town Historian, appointed annually.
(3) At least two members shall be representatives of the Grand Island
Historical Society, who shall serve two-year terms.
F. The Chairperson and Vice Chairperson shall be elected by and from
voting members of the Advisory Board. The term of office shall be
two years. If the Chairperson or Vice Chairperson cannot fulfill his
or her term of office, a successor shall be elected by and from the
membership of the Advisory Board to fulfill the remainder of the term
until the next regular election.
G. If any Advisory Board member shall resign or otherwise cannot fulfill
his or her term of office, the Town Board shall appoint an interim
member to serve the remainder of the term.
H. The powers of the Advisory Board shall include:
(1) To recommend designation of landmarks and historic districts to the
Town Board for its consideration.
(2) To advise and recommend to the Town Board on matters of professional
consultants as necessary to carry out the duties of the Advisory Board.
(3) To recommend rules and regulations as necessary for the conduct of
its business.
(4) To recommend criteria to the Town Board for the identification of
significant historic, architectural, and cultural landmarks and/or
for the delineation of historic districts.
(5) To collect and evaluate information about significant historic, architectural,
and cultural landmarks within the Town.
(6) To make recommendations to the Town Board on acceptance or donation
of facade easements and development rights and the acquisition of
facade easements and development rights or other interests in real
property as necessary to carry out the purposes of this chapter.
(7) To increase public awareness of the value of historic, cultural and
architectural preservation by developing and participating in education
programs.
(8) To make recommendations to the Town Board concerning the utilization
of state, federal, or private funds to promote the preservation of
landmarks and historic districts within the Town.
(9) To recommend acquisition of a landmark or structure by the Town where
its preservation is essential to the purposes of this chapter and
where private preservation is not feasible.
(10)
To recommend approval or disapproval of applications for certificates
of appropriateness, subject to review by the Code Enforcement Officer,
to the Town Board.
I. The Advisory Board shall meet at least monthly if any business is
pending. Meetings may be held at any time on the written request of
any two Advisory Board members. The Advisory Board must meet at least
once quarterly.
J. A quorum for the transaction of business shall consist of a majority
of the Advisory Board members, but not less than a majority of the
full membership may recommend a grant or denial of a certificate of
appropriateness to the Town Board.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction, or moving of a landmark
property within an historic district, nor shall any person make any
material change in the appearance of such property, its light fixtures,
signs, sidewalks, fences, steps, paving or other exterior elements
which affect the appearance and cohesiveness of the landmark or historic
district, without first obtaining a certificate of appropriateness
from the Town Board as recommended by the Historic Preservation Advisory
Board.
Where this chapter imposes greater restrictions than are imposed
by the provisions of any law, ordinance, or regulation, the provisions
of this chapter shall apply. Where greater restrictions are imposed
by any law, ordinance, or regulation, such greater restrictions shall
apply.
No decision to carry out or approve an action subject to the
provisions of this chapter shall be rendered by any department, board,
commission, officer, or employee unless and until the provisions of
this chapter have been complied with. This shall not prohibit environmental,
engineering, economic feasibility or other studies, preliminary planning
or budgetary processes, nor the granting of an application relating
only to technical specifications and requirements, but not authorizing
commencement of action until full compliance with this chapter has
been met.
This chapter shall apply to the entire area of the Town of Grand
Island.